Tobacco and Vapes Under Twenty One
Idaho Code § 39-5703 — under 21 is a minor here, and holding a vape is a $17.50 infraction
For tobacco and electronic smoking devices, a minor is a person under twenty one years of age. No one may sell or give them to a minor, and a minor may not possess, buy, use or sell them, or lie about age to get them.
Who handles this in Idaho: legal aid programs and the state offices, listed in the Idaho directory.
| What the minor did | Penalty |
|---|---|
| What the minor didPossessed, bought or used | PenaltyInfraction, $17.50 |
| What the minor didSold, or used false ID or lied about age, first time | PenaltyInfraction, $200 |
| What the minor didSold, or used false ID or lied about age, again | PenaltyMisdemeanor, up to 30 days, up to $300, or both |
A court can also require an awareness program or community service, and for a minor under 18 the parents can be required to attend too. A minor may handle these products while stocking shelves at a job. A particular ticket is a question for a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 39-5703 — Possession, distribution, or use by a minor
- Idaho Code § 39-5705 — Sale or distribution of tobacco products or electronic smoking devices to a minor
- Idaho Code § 39-5702 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.